They have a common law trademark at least for wowvps for hosting. Whether.
It can cause likelihood of confusion or not really depends on them to prove it.
Talk to a lawyer...
Definitely get an appointment to talk with a lawyer asap. Like Dave said it's on them to prove confusion or likely confusion.
Chances are they can claim common law tm... whether it will be enough to udrp successfully, that's another story. The domains do use the same words just reversed.....
Have you considered selling them the name?.
For a reasonable price.
Save grief and legal expenses.
We've said to them, we will sell them the domain name which will also help us with advertising if we were to re-brand as it'd certainly be mass loss of reputation for ourselves.
His e-mail response was as follows ; For $40 it isn't even worth re-branding and we simply can't afford solicitors fees at this time...
First... talk to a lawyer.
Now, if they had a registered TM I would have said "just give it to them", but the way they are behaving make me think that they are trying to bully themself to your domainname. IMO.
I have never heard of them before, and as they mention them self in their website "WowVPS! is a Texas company providing quality...".
A Texas company, if you are not in texas, where they have promoted themself, then how should you know of this company? I didnt, and maybe you didnt either before you registered your domainname.
I would tell them that their offer of $40 is to laugh of. That you have used too much time and money on promoting your domainname, to sell for that price. Tell them that you have been nice with them untill now, and if they do not stop harrashing you, you will take action and contact your lawyer. But because you are so nice, you will make an offer of $500 if they want it or they can dream about it.
I am not a lawyer and I dont know about the TM-rules, so dont take my advice for legally binding in any way.
I just reeaaallly dont like bullies!.
I too think that they are trying to grab your domain so they are behaving like that. Anybody wouldn't talk like that for TM issues. Maybe they are scarying you to take your domains.If I were there, I would ask for low $xxxx.
I do recommend you to talk with a lawyer.
They have no trademark, WOWVPS is not a registered company, it is just a sub of Landis Holdings Inc. I've replied to them and told them that if they want us to re-brand, they are going to have to offer around $500.00 for the domain name...
Hope you have done your research.
And have a Lawyer lined up.
What makes you think they don't have a trademark? Registration isn't required.
For it to exist, so long as the party can show they're using the term as a mark.
In commerce. (aka common law trademark...).
One can argue they're bullying, while the complaining party can also argue the.
Domain name is riding on their trademark. It'll then depend on how one is going.
To enforce their position, but JaguarPC appears more than ready to.
Up to you. Good luck...
From posting this on another forum, a user checked the US Trademark registry and there wasn't one in existance. The words WOW and VPS are surely too common to get any sort of grounds?..
I recommend reading this lawyer's post as it might be relevant: http://www.namepros.com/legal-issues...ml#post2387326.
You see or hear common words like Tide and Head and Shoulders used either.
In talk or written form. Yet we also see detergents named Tide and shampoo.
Called Head And Shoulders used by everyday folks, too.
Then again, nothing beats talking to a lawyer than seeking so-called advice.
In an online forum full of non-lawyers...
You are a lawyer aren't you? Just passing by..